• CMSD Department of Research and Evaluation

  • POLICIES AND PROCEDURES

    Policies and Procedures: Protection of human participants, FERPA, Clearances, etc. Standard Terms for Researchers

    Protection of Human Subjects

    This is a brief overview of principles, regulations, and policies which affect research involving human subjects in research activities supported by the Cleveland Metropolitan School District Research and Evaluation department.

    Family Educational Rights and Privacy Act (FERPA)

    The Family Educational Rights and Privacy Act and General Guidance are federal laws that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

    • FERPA: More detailed information can be found by reading the final regulation here.
    • FERPA Educational Rights and Privacy Act
    • FERPA General Guidance – For Parents
    • FERPA General Guidance – For Students
    • Protection of Pupil Rights Amendment (PPRA): This web page offers a succinct summary of the types of survey questions requiring written parental consent.

    Clearances

    Valid clearances may be required to be on file with the office of Research and Evaluation (RE) for all those persons conducting work within the District. This rule applies to all who apply through the Research Review Committee (RRC) whose work requires their presence within a school or schools.

    For those submitting new proposals, clearances must be valid within one year of the approval date. For those working on approved and active research projects, updated clearances are due to RE office every three years. Valid, updated clearances are required for each submission, even if a researcher is working on other projects.

    Questions? Please email:  ResearchEvaluation@ClevelandMetroSchools.org

     

    FBI & BCI Clearances:

    Background Check Limitations for external requests

    Non-licensed Employees & CMSD Volunteers OAC 3301-20-03(A)(6):

     

    DISQUALIFYING OFFENSES – NOT ELIGIBLE FOR REHABILITATION

    Sexually-oriented offenses:

    • 02 (rape)
    • 03 (sexual battery)
    • 04 (unlawful sexual conduct with a minor)
    • 05 (gross sexual imposition)
    • 06 (sexual imposition)
    • 07 (importuning)
    • 21 (compelling prostitution)
    • 22 (promoting prostitution)
    • 23 (procuring)
    • 25 (prostitution; after positive HIV test)
    • 31 (disseminating matter harmful to juveniles)
    • 32 (pandering obscenity)
    • 321 (pandering obscenity involving a minor)
    • 322 (pandering sexually oriented matter involving a minor)
    • 323 (illegal use of a minor in nudity-oriented material or performance)
    • 12 (felonious sexual penetration)

    Child-related violent offenses:

    • 01 (kidnapping)
    • 02 (abduction)
    • 05 (criminal child enticement)
    • 23 (interference of custody)
    • 04 (child stealing)
    • 22 (endangering children)

    Violent offenses:

    • 01 (aggravated murder)
    • 02 (murder)
    • 03 (voluntary manslaughter)
    • 04 (involuntary manslaughter)

     

    DISQUALIFYING OFFENSES – ELIGIBLE FOR REHABILITATION

    (Submit Proof of Rehabilitation)

    Within 20 years

    • 11 (felonious assault)
    • 12 (aggravated assault)
    • 01 (aggravated robbery)
    • 02 (robbery)
    • 11 (aggravated burglary)
    • 161 (improper discharge firearm at or into habitation; school-related offenses)
    • 11 (placing harmful objects in food/confection)
    • 12 (unlawful abortion)

    Within 10 years

    • 02 (corrupting another with drugs)
    • 03 (trafficking in drugs)
    • 04 (illegal manufacture of drugs or cultivation of marihuana)
    • 05 (funding of drug or marihuana trafficking)
    • 06 (illegal administration or distribution of anabolic steroids)
    • 12 (burglary)

    Within 5 years

    • 13 (assault)
    • 16 (failing to provide for a functionally impaired person)
    • 21 (aggravated menacing)
    • 34 (patient use or neglect)
    • 08 (voyeurism)
    • 09 (public indecency)
    • 22 (endangering children)
    • 24 (contributing to unruliness or delinquency of a child)
    • 25 (domestic violence)
    • 12 (carrying concealed weapons)
    • 13 (having weapons while under disability)
    • 11 (possession of a controlled substance that is not a minor drug possession offense)

     

    Standards for determining whether an individual has a disqualifying criminal record:

    In reviewing the results of criminal background checks to determine whether an individual has a disqualifying criminal record, the RRC may consider all of the following:

    1. The nature and seriousness of the crime, including whether the individual has committed a crime of violence or a sex offense;
    2. The extent of the individual’s past criminal activity and whether he or she is a repeat offender;
    3. The age of the individual when the crime was committed;
    4. The amount of the time that has elapsed since the individual’s last criminal activity;
    5. The conduct and work activity of the individual before and after the criminal activity;
    6. Whether the individual has completed the terms of any probation or deferred adjudication;
    7. Evidence of the individual’s rehabilitation;
    8. Whether the individual fully disclosed the arrest or conviction to the organization; and
    9. Any other factors the RRC considers relevant